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To: The Old Hoosier
Sooner or later, a future court will use this case to strike down all state laws against anything whatsoever that is done in private, regardless of the harm it does to society.

A conclusion that is devoutly to be wished, by anyone who genuinely respects individual liberty ... and that is already recognized by the Ninth and Fourteenth Amendments ... and that is exceedingly, and unfortunately, unlikely.

In any event, the removal of such differentiation under the law is akin to outlawing Jim Crow restrictions as to race, not "creating a protected class." It involves a restriction that is placed upon one class of persons being removed, not a privilege that is granted to such a class.

What this does as to federalism is indeed problematic -- but we have the Fourteenth Amendment, and an entirely reasonable case can be (and has been) made that setting up penalties for one class of people as to consensual acts is not "due process of law."

55 posted on 04/26/2003 2:11:04 PM PDT by Greybird ("War is the health of the State." -- Randolph Bourne)
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To: Greybird
penalties for one class of people

Premises, premises. Similar desire and behavior does not make you a "class."

64 posted on 04/26/2003 2:19:49 PM PDT by RAT Patrol (Congress can give one American a dollar only by first taking it away from another American. -W.W.)
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